Updates on TPS and DED Registration for Certain Countries

The Secretary of Homeland Security is authorized to grant temporary protected status (TPS) to eligible nationals of certain countries that are experiencing armed conflict, environmental disaster, or other extraordinary and temporary conditions within their country.

Approved TPS beneficiaries are authorized to remain in the U.S. and obtain work authorization during the periods that their countries are designated under the TPS program, subject to specified conditions and U.S. government filing timeframes. Nationals of Haiti, Honduras, Nicaragua, El Salvador, Liberia, Somalia and Sudan may all be eligible for TPS registration and an extension of work authorization, subject to the criteria set by the Department of Homeland Security (DHS).

Haiti

As a result of the January 12, 2010 earthquake that devastated Haiti, DHS granted Temporary Protected Status (TPS) for eligible Haitian nationals for eighteen (18) months. Initially, the registration period started on January 21, 2010 and ended on July 20, 2010, but the registration period has been extended through January 18, 2011, to give individuals additional time to register.

An individual is eligible for initial TPS registration if he or she (1) is a national of Haiti (or an alien having no nationality who last habitually resided in Haiti); (2) has continuously resided in the U.S. since January 12, 2010; (3) has been continously present in the U.S. since January 21, 2010; (4) has met certain eligibility requirements; and (5) has completed all TPS application procedures described in the Federal Register notice announcing Haitian TPS.

More information for TPS application procedures and application deadline information is available here.

Honduras and Nicaragua

On May 5, 2010, DHS formally announced an 18 month extension of the TPS designation for eligible Honduran and Nicaraguan nationals from July 5, 2010 to January 5, 2012. In addition, employment authorization documents (EADs) for Honduran and Nicaraguan TPS beneficiaries bearing an extension date of July 5, 2010 and category A-12 or C-19 are automatically extended for a 6-month period (through January 5, 2011). Employers should accept the EADs as valid "List A" documents. Employers should not request proof of Honduran or Nicaraguan citizenship or ask for additional Form I-9 documentation if a worker presents an EAD that has been automatically extended. After January 5, 2011, employees may present a new EAD bearing an expiration date of January 5, 2012, and employers should no longer accept an EAD with an earlier expiration date.

More information on TPS for Hondurans is available here and information on TPS for Nicaraguans is available here.

El Salvador

On July 9, 2010, DHS formally announced an 18 month extension of the TPS designation for eligible Salvadoran nationals from September 9, 2010 to March, 9, 2012. EADs for Salvadoran TPS beneficiaries bearing an expiration date of September 9, 2010 and category A-12 or C-19 are automatically extended for a 6 month period through March 9, 2011. Employers should accept those EADs as valid "List A" documents. Employers should not request proof of Salvadoran citizenship or ask for additional Form I-9 documentation if a worker presents an EAD that has been automatically extended.

More information on TPS for Salvadoran nationals is available here.

Liberia

On March 19, 2010, President Obama extended Deferred Enforced Departure (DED) through September 30, 2011 for qualified Liberians and those persons without nationality who last habitually resided in Liberia. The President also automatically extended the employment authorization for Liberian nationals covered by DED for 6 months from April 1, 2010 until September 30, 2010. For employment eligibility verification purposes, DED recipients from Liberia may present an EAD card having an expiration date of March 31, 2010 and this expired EAD is acceptable for completion of the Form I-9. The EAD must bear the notiation "A-11" on the face of the card under "Category".

More information on DED for Liberian nationals is available here.

Somalia

On July 27, 2009, the US CIS announced through a Federal Register notice an extension of TPS for eligible Somalian nationals for 18 months through March 17, 2011.

More information on TPS for Somalian nationals is available here.

Sudan

On December 31, 2009, the US CIS announced through a Federal Register notice an extension of TPS for eligible Sudan nationals for 18 months through November 2, 2011. Eligible Sudanese were required to re-register with US CIS by March 2, 2010. More information on TPS for Sudanese nationals is available here.

Categories: Immigration Blog